Florida Supreme Court Questions Medical Malpractice Law In Escambia Case
December 9, 2016
In an Escambia County case, Florida Supreme Court justices appeared skeptical Thursday about the constitutionality of a 2013 medical-malpractice law that critics argue could lead to violations of patient privacy rights.
Five justices asked critical questions about the law, which is part of years of battles between groups such as doctors and plaintiffs’ attorneys about the state’s malpractice system. The 1st District Court of Appeal upheld the law last year.
The law allows what are known as “ex parte communications” as physicians’ defense attorneys gather information in medical-malpractice disputes. The communications would involve defense attorneys talking with other doctors who have treated the patients involved in the disputes. Those doctors may have treated the patients for issues unrelated to the malpractice allegations — and the patients’ attorneys would not be present for the conversations.
Critics argue, in part, that the law could dissuade people from pursuing medical-malpractice cases because of concerns that private medical information would be disclosed during conversations between their doctors and defense attorneys. During Thursday’s hearing, Justice Barbara Pariente suggested that the law could have a “chilling” effect on malpractice cases.
“Your medical information is one of the most private of what you possess as a citizen, what you talk to your doctor about, your treating doctors, and it could go far from just your medical condition,” Pariente said at another point in the hearing.
The challenge to the law was filed in 2013 in Escambia County. The plaintiff in the case, Emma Gayle Weaver, contemplated filing a medical-malpractice lawsuit against physician Stephen Myers but was concerned about the constitutionality of the ex-parte change, according to court documents. Weaver was the wife of the late Thomas E. Weaver, whose care was at issue in the malpractice allegations.
Erik Bartenhagen, an attorney representing Myers, told the Supreme Court that other states have similar laws and that ex parte communications are aimed at helping resolve malpractice cases.
“The purpose of it is to have a full and free exchange of all information relating to a claim prior to entering the courthouse doors in order to weed out frivolous cases and settle meritorious cases,” Bartenhagen said.
Robert Peck, an attorney representing Weaver, raised a series of constitutional objections to the law, including arguing that it violates privacy rights in the Florida Constitution. Also, he contended that the Legislature’s passage of the law violated the separation of powers because the Supreme Court has the constitutional authority to decide issues such as whether to allow ex parte communications.
The Supreme Court typically takes months to rule on cases. But Pariente was joined by Chief Justice Jorge Labarga and justices R. Fred Lewis, Peggy Quince and James E.C. Perry in asking critical questions about the law. The other justices, Charles Canady and Ricky Polston, sat quietly throughout the 45-minute hearing.
Lewis was particularly pointed in his questions of Bartenhagen, at one point referring to conversations allowed by the law as “clandestine.”
Bartenhagen said much of the patient information can be obtained through other types of evidence-gathering in malpractice cases, but the use of ex parte communications can make the information available earlier.
“I think the feeling is that this will lead to more open and free discussion and that therefore the value of the case will be determined earlier,” he said. “Right now (without ex parte communications), there’s no way for these frank and candid discussions between the defense and other treating physicians to happen until you take a formal deposition or you schedule a sworn statement with the plaintiff there.”
But Lewis indicated he doesn’t think such reasoning means the law is constitutional. He also refuted assertions by Bartenhagen that other protections are in place to prevent the disclosure of private patient information that is not relevant to the malpractice cases.
“There’s no one there (in ex parte discussions) to say, ‘Hey, that’s not relevant, don’t go there,’ ” Lewis said. “How can you protect against it if nobody knows it’s going on?”
by Jim Saunders, The News Service of Florida
Third Red Bulb Placed On Fire Safety Wreath
December 9, 2016
A third red bulb was placed on the “Keep the Wreath Green” fire safety wreath to represent a residential structure fire in the 4500 block of Versailles Drive on Thursday, Dec. 8.
Escambia County Emergency Communications received a call at 9 a.m. reporting the fire, which was called under control at 9:21 a.m. One adult male and one adult female were transported by Escambia County EMS to Baptist Hospital. Escambia Fire Rescue Engines 3, 6, 17, 16, Ladder 12, Navy Ladder 34 and EMS responded. The Florida State Fire Marshal is investigating, and the American Red Cross is assisting three adults who were displaced. While the home had a smoke detector, it did not have a battery and was not operational.
The “Keep the Wreath Green” fire safety campaign is a collaborative initiative with the city of Pensacola to promote fire safety during the month of December. During the month-long campaign, five-foot wreaths are on display at 18 county fire stations and five city fire stations, with wreaths also placed outside Escambia County’s Ernie Lee Magaha Government Building downtown, the Escambia County Public Safety Building, Pensacola City Hall and Cordova Mall near the food court entrance. Each time firefighters respond to a residential fire with damage, a green light bulb will be replaced with a red one to remind citizens of the dangers posed by fires in residential home.
Photo Gallery: Flomaton Christmas Parade
December 9, 2016
The annual Flomaton Lighted Christmas Parade wound through the street of Flomaton Thursday night. The parade featured the Flomaton High School Band, Northview High School NJROTC, multiple floats, fire trucks and Santa Claus.
For a photo gallery, click here.
NorthEscambia.com photos, click to enlarge.
Winner Claims $55K Prize For North Escambia Lottery Ticket
December 9, 2016
The owner of a winning ticket sold last week at a Highway 97 lottery store has claimed his prize.
The Florida Lottery says the December 2 Fantasy 5 ticket worth $55,345.54 was sold to Alphonso Wilson of Grove Hill, AL. He purchased the ticket at the State Line Gift Shop, 11208 Highway 97. It was one of four winning tickets; the other tickets matching all five numbers were sold in Palm Bay, Beverly Hills and Delray Beach.
The ticket was the third winning Fantasy Five ticket sold this year at the State Line Gift Shop.
The 307 tickets matching four numbers won $115 each. Another 8,873 tickets matching three numbers are worth $11 each, and 88,646 ticket holders won a Quick Pick ticket for picking two numbers.
The December 2 winning numbers were 16-20-23-28-33.
UWF Names Bense President Emeritus
December 9, 2016
Thursday, the University of West Florida Board of Trustees named Dr. Judith Bense President Emeritus, effective January 1, 2017. Bense will retire as president on December 31, 2016.
President Emeritus is an honorary designation reserved for university presidents who have made exceptional contributions to the institution. The board voted unanimously to adopt a resolution.
“Judy has been an outstanding president for this University and this designation is well deserved,” said Lewis Bear Jr., chair of the UWF Board of Trustees. “Even though she will no longer be president, her fingerprints are on everything. She will continue to be great support for our new President Martha Saunders, and we will always think of her as President Bense.”
Since taking office in 2008, Bense has focused on putting UWF on a trajectory of growth in both size and scope while also increasing partnerships in the community and developing connections throughout Northwest Florida.
“Long before being named the fifth president of UWF, Judith Bense was a vital force in the growth and progress of the University,” the resolution adopted by the Board stated.
Bense’s academic legacy spans across the university and the state of Florida. Prior to her role as president, she served as a UWF faculty member where she founded the UWF Division of Anthropology and Archaeology, which recently identified the archaeological site of the Luna settlement, and the Florida Public Archaeology Network, a statewide organization that brings archaeology to the general public in the United States.
“After 36 years at UWF and eight as president, this is an extraordinary honor,” said Bense. “I will always be proud of this title. When I got this job in 2008, it was the greatest gift possible. It has been a privilege. It’s been the biggest, most complicated thing I have ever done. I will always think of my years as president in that way.”
With the honor, Bense becomes the second president in UWF’s 50-year history to be named President Emeritus. Dr. Morris Marx, UWF President from 1988 to 2002, was the first to earn the designation.
Century Man Steals Volunteer Firefighter’s Truck From Accident Scene
December 8, 2016
A Century man has been charged with stealing a volunteer firefighter’s pickup truck from an accident scene that was surrounded by deputies.
Kilo Lowe, 19, was charged with grand theft of a motor vehicle, criminal mischief and driving without a valid license.
The incident happened shortly after a two vehicle accident at North Century Boulevard and West Highway 4 Tuesday night in Century. The volunteer firefighter arrived at the crash scene in his personal pickup truck and went to work rendering aid to the injured. The crash scene was blocked from vehicular traffic by deputies to the north and south, additional deputies were on scene and a Florida Highway Patrol trooper was also present.
The volunteer firefighter noticed his pickup was missing from the crash scene and notified deputies. As the firefighter was providing his information, he spotted the truck just outside the accident scene, turning from East Pond Street to North Century Boulevard. Deputies conducted a felony traffic stop on the vehicle as it turned on to Hudson Hill Road. Lowe was ordered from the vehicle at gunpoint and taken into custody without incident.
Lowe told deputies that he is schizophrenic but was taking his prescribed medication. Lowe has never been issued a driver’s license, according to his arrest report.
The pickup truck sustained a 12-inch long scratch on the tailgate during the time it was missing.
Lowe remained in the Escambia County Jail with bond set at $10,500.
Flood Plan:Escambia County Looks To Purchase, Demolish Bristol Park Homes
December 8, 2016
Escambia County is considering the purchase of dozens of homes in the Bristol Park and Ashbury Hills neighborhoods. The homes would then be demolished to widen and improve waterflow in a creek to alleviate flooding.
The homes were mostly under water during the historic April 2014 floods.
Grant money would be used to purchase the homes on the bank of Eleven Mile Creek for stream restoration and flood plain expansion of Eleven Mile Creek.
The overall project goal is to effectively reduce the flood stage in Eleven Mile Creek to improve flood protection of homes and properties within the area of Bristol Park and Ashbury Hills subdivisions.
In order to comply with the FEMA regulations concerning acquisition, staff will be sending certified offer letters to residents which will be based off the appraised value of the property. Additionally, there are time restraints associated with the acquisition portion of this grant. Demolition of structures on properties acquired by the county must happen within 90 days from closing.
The properties eligible for the program, along with their parcel numbers, are:
031S314100000023 — 810 Tara Cir
031S311500015003 — 9950 Bristol Park Rd
031S311500015002 — 2705 Woodbreeze Dr
031S311500028002 — 2703 Silhouette Dr
031S311500013002 — 2701 Woodbreeze Dr
031S311500027002 — 2701 Silhouette Dr
031S311500014002 — 2703 Woodbreeze Dr
031S311500026002 — 2700 Silhouette Dr
031S311800000059/60 — 2703 Ashbury Ln (2 parcels)
031S311500016002 — 2707 Woodbreeze Dr
031S3118000000080 — Ashbury Ln
031S311500000100 — Bristol Pk Rd
031S311500034002 — 10108 Bristol Park
031S311500000200 –Pipe Line
031S313101002001 — Off Tara Cir
031S311800000058 — 2705 Ashbury Ln
031S311800000056 — 2709 Ashbury Ln
031S311800000029 — 3022 Ashbury Ln
031S311800000055 — 2711 Ashbury Ln
031S311500033002 — 10110 Bristol Park
031S311500032002 — 10112 Bristol Park
031S311500007003 — 10040 Bristol Park
031S311500008003 — 10030 Bristol Park
031S311500001003 — 10100 Bristol Park
031S311500002003 — 10090 Bristol Park
031S311500003003 — 10080 Bristol Park
031S311500004003 — 10070 Bristol Park
031S311500006003 — 10050 Bristol Park
031S311500005003 — 10060 Bristol Park
031S311500009003 — 10020 Bristol Park
031S311500010003 — 10010 Bristol Park
031S311500011003 — 10000 Bristol Park
031S311500012003 — 9990 Bristol Park
031S311500014003 — 9970 Bristol Park
031S311500013003 — 9980 Bristol Park
031S311800000034 — 3012 Ashbury Lane
031S314100000022 — 815 Tara Cir
031S311800000032 — 3016 Ashbury Lane
031S311800000057 — 2707 Ashbury Lane
031S31410000016 — 3925 Bentwood Lane
031S31180000052 — 2717 Ashbury Lane
031S31180000030 — 3020 Ashbury Lane
031S31180000054 — 2713 Ashbury Lane
031S31180000026 — 2752 Ashbury Lane
31S31180000035 — 3010 Ashbury Lane
031S31180000031 — 3018 Ashbury Lane
031S31180000028 — 3024 Ashbury Lane
NorthEscambia.com file photo, click to enlarge.
Tornado Damage Assistance Application Deadline Moved To Dec. 19
December 8, 2016
A new assistance application deadline is now in place for those impacted by the February tornadoes in Century or Ferry Pass.
The new deadline to apply for funding commitments for tornado assistance from the State Housing Initiatives Partnership Program (SHIP) in Escambia County is Monday, December 19. The deadline was December 31, but it was moved to December 19 in order to comply with state requirements.
Many Century and Ferry Pass homes were severely damaged or totally destroyed in the tornadoes. To provide relief to tornado survivors, the Escambia County Board of County Commissioners entered into an agreement with Northwest Florida Community Housing Development Corporation Inc. to provide up to $50,000 in SHIP disaster funding per property to help fund replacement housing for eligible homeowners.
NFCHDC has recently broken ground on the first of several replacement homes for low income survivors of the Feb. 15 tornado that hit Century. So far nine clients from that storm have been approved by the county under the SHIP program to work with NFCHDC. Three of the SHIP sites have been cleared and are ready for construction.
Additionally, NFCHDC has partnered with the Escambia County Housing Finance Authority to provide replacement housing for tornado survivors who could not qualify under the SHIP program. Two clients have been approved for housing to date.
This project is a significant collaboration between Escambia County, the town of Century, Legal Services of North Florida, the Escambia County Housing Finance Authority, the Be Ready Alliance Coordinating for Emergencies, NFCHDC, World Renew, United Way, Pensacola Habitat for Humanity and many other volunteer organizations. These agencies have collectively provided financing, facilitated applicant intake, served as the case managers, worked on legal issues to help owners gain a clear title and now are providing construction oversight and labor.
To apply for SHIP funding you must:
- Be the owner occupant of the property
- Meet income eligibility guidelines
- Have property that was impacted by the February 2016 tornadoes
For more information or to apply for the program, please contact the Escambia County Neighborhood Enterprise Division at (850) 595-3011.
FWC Law Enforcement Report
December 8, 2016
The Florida FWC Division of Law Enforcement reported the following activity during the period November 18 through December 1 in Escambia and Santa Rosa counties.
ESCAMBIA COUNTY
While on water patrol in Pensacola Bay, Officer Cushing conducted a resource inspection of a recreational vessel returning from a fishing trip. While alongside, Officer Cushing asked the persons on board if they had any fish. The operator/owner of the vessel responded that they had ten mahogany snapper. Upon further inspection, it was revealed that they had eleven undersized red snapper during closed season. The appropriate action was taken for the violation.
Lieutenant Lambert was working in the area of Salter’s Lake in the Escambia River Wildlife Management Area (WMA) when he heard a gunshot nearby. Several hours later, he spoke to a hunter exiting the area who witnessed two individuals dragging a deer. Lieutenant Lambert responded to the area and spoke to two individuals who were at their truck in the parking area. Both subjects denied shooting anything. One of the subject’s boots had a large smear on it. The subject explained the blood was from cleaning a squirrel the day before. After interviewing the subjects, one of them admitted to killing a deer. Both subjects led Lieutenant Lambert to a small buck with spikes approximately one inch in length. The deer had been gutted and left approximately 500 yards away. A notice to appear citation was issued for the illegal deer.
Officer Clark responded to a call in which the complainant advised that there was an owl caught on a line on an adjacent piece of property. The complainant escorted the officer around the property, where a dead barred owl was seen caught in a steel trap, one of three which were set on top of wooden poles. There were also more than 100 chickens on the 2‑acre piece of property, housed in a variety of containers and some roaming free, with little sign of food and water. The small amount of food and water was mixed with feces and appeared old. The landowner claimed the chickens belonged to her son and he must have set the steel traps. Officer Clark interviewed the suspect and confirmed he set the traps. The subject was cited accordingly for setting steel traps in an attempt to take wildlife and for killing the owl. The officer also contacted animal control regarding the chickens. The animal control officer responded and issued both subjects citations for 79 counts of animal cruelty.
Officers Long, Manning and Allgood conducted a fisheries inspection on the commercial fishing vessel, Family Feud, where they discovered 28 undersized vermillion snapper, two undersized red snapper, and one undersized gray triggerfish. The fish were seized and the captain of the vessel was issued notice to appear citations for possession of undersized vermillion snapper, red snapper, and gray triggerfish. The captain will also be subject to enhanced penalties due to similar citations previously issued within the last six months.
SANTA ROSA COUNTY
Officers Clark and Hutchinson received a complaint from a resident that someone had shot an 8‑point buck on his property the night before. The complainant reported that the suspect was driving a white truck with a loud exhaust and the deer was left in the field. Later that evening, the officers observed a white pickup traveling at slow speed and displaying a light out the driver side window in a manner capable of disclosing the presence of deer. They followed the vehicle a short distance and observed the vehicle turn off the road and park in tall brush as if trying to conceal the vehicle. The officers initiated a stop and found the driver in possession of a loaded rifle. In the truck, a cooler with fresh deer meat and the head of a 6‑point buck were found. The suspect claimed he hit the deer with his truck although the truck had no apparent damage. While being questioned, the suspect admitted he shot the buck a couple nights before. The suspect then led the officers to the location of the deer carcass. Only the back strap meat had been removed. The cooler in the suspect’s truck contained meat from an entire deer. The suspect then admitted to killing a doe deer a few days before – also at night with a rifle. The officers asked the suspect if he had any pictures of the deer he shot. He voluntarily showed the officers several photos, some of which were other bucks. Additional questioning revealed the suspect had shot five deer over the past couple of weeks. Two of the deer were shot in daylight hours and three were not. All of the deer were shot with a rifle. Upon completion of the interview, the officers seized a six‑point deer, seven‑point deer, eight‑point deer, nine‑point deer, a glass pipe with drug residue, 270 rifle with scope, 270 caliber bullets, sim card from phone, spotlight, and deer meat. The suspect was issued a notice to appear citation for attempting to take a deer with a gun and light and possession of drug paraphernalia. Warrants will be obtained for the additional charges of taking a deer with a gun and light along with taking a deer by illegal methods.
Officer Hutchinson was on foot patrol near a baited hunting site within the Blackwater State Forest. As he was walking towards the baited site, he observed two subjects in camouflage standing near a parked vehicle in close proximity to the trail leading to the bait. Officer Hutchinson crawled towards the vehicle for approximately 75 yards until he was within 10 yards of the vehicle. After watching the subjects for a while, he observed another subject walking towards the vehicle coming from the area of the trail leading to the baited site. After the subject reached the parked vehicle, another vehicle drove up and the third subject got in it. Officer Hutchinson made contact with all subjects and questioned them about the baited site. The third subject was untruthful at first. Officer Hutchinson checked the tread on the subject’s boots and then followed his tracks in the sand to the baited site while the subject accompanied him. He then admitted to placing the bait and the hunting stand on the management area. He was issued a notice to appear citation for placing bait in a management area.
Officer Hutchinson received a complaint regarding a subject who had dumped two deer carcasses on the side of the road. The complainant informed him that the subject drove a small truck with an Alabama license plate and was traveling south along the road. After several minutes, the complainant contacted Officer Hutchinson again and informed him of the location of the suspect’s vehicle. Officer Hutchinson drove to where the deer were dumped and discovered an antlerless deer and a spotted fawn carcass dumped along the right of way. He then drove to the suspect’s location and observed fresh deer blood, hide and pieces of the fawn in the back of the truck. After questioning, the suspect admitted to harvesting the deer in Alabama and dumping the carcasses on the side of the road. After checking the subject’s Alabama hunting license, Officer Hutchinson discovered that he didn’t list either one of the deer on his license and he didn’t report harvesting the deer, which is a requirement in Alabama. The subject was issued a notice to appear citation for littering in excess of 15 pounds and for possession of a spotted fawn. The subject removed the carcasses from the right of way. Alabama Game and Fish officers were notified of the violation in Alabama.
During the opening week of archery season, Officer Ramos discovered signs of illegal hunting over bait in the Eglin WMA. Over the course of several weeks, he conducted patrol and surveillance of the baited area, but found no one hunting over the bait. This past Saturday, he returned to the area and found a subject hunting from a tree stand near the bait. After an interview, the man admitted to placing bait in the management area and was charged accordingly. In addition to several criminal charges, the suspect’s hunting and fishing privileges in Eglin WMA were revoked for one year.
Officer Hutchinson was patrolling in Blackwater State Forest when he made contact with a male subject parked along one of the forest roads. The subject informed the officer about a shot he just heard from what sounded like a high-powered rifle. With more details, he determined that the shot came from a large piece of property surrounded by state forest. He drove to the private property and observed a mobile home and a camper parked under a shed approximately 300 yards away from the mobile home. A male subject walked out from behind the shed and Officer Hutchinson made contact with the subject, who appeared very nervous. While questioning the subject about the gun shot, he admitted shooting a doe deer with a high-powered rifle. He showed Officer Hutchinson the deer which was inside of a tractor bucket behind the shed. After further questioning, Officer Hutchinson discovered the subject was a convicted felon. The subject took Officer Hutchinson to where he placed the firearm after shooting the deer. Officer Hutchinson then discovered that the deer was shot on the Blackwater State Forest and the subject did not have a valid Florida hunting license or a WMA permit. After further investigation, Officer Hutchinson discovered another firearm that belonged to the subject. After seizing both firearms for evidence, the subject was issued a notice to appear citation for taking a deer during archery season with a firearm. He was issued a citation for hunting without a valid hunting license. Other charges are pending for possession of a firearm by a convicted felon.
Lieutenant Clark was on land patrol in Navarre when he observed billowing black smoke drifting over the highway and into surrounding communities. He located the source of the black smoke and fire at a residence off Highway 98, where the homeowner was spraying water on the fire with a garden hose. Prohibited material was being burned: a bed mattress, particle board type furniture and a PVC pipe. The homeowner was cited and issued a notice to appear environmental citation.
Officers Hoomes and Long were working archery season in Eglin WMA when they observed a truck parked near an area Officer Hoomes had previously located baited with corn. The officers walked to the area and observed a subject hunting from a tree stand approximately 15 yards from the corn. The subject denied placing the corn but did say he knew it was there. The subject was issued a citation for hunting over bait in a WMA.
Officer Lewis attended College and Career Day at Jay High School. He spoke with the students on how to become an FWC officer and what to expect from a career as an FWC officer. Officer Lewis also answered many fish and wildlife related questions during the event.
Officer Lewis spoke with approximately 75 fourth grade students, teachers, and parents of Bagdad Elementary School at Blackwater River State Park. He explained FWC’s mission, duties of an FWC officer, and the importance of conservation.
This report represents some events the FWC handled over the past week; however, it does not include all actions taken by the Division of Law Enforcement. Information provided by FWC.
Man Charged With Ramming Vehicle Carrying His Children
December 8, 2016
An Escambia County man has been charged with ramming a vehicle occupied by four children and their mother.
Derrick Hemphill, 47, was charged with four counts of aggravated battery, two counts of aggravated child abuse and once count of resisting arrest.
The crash occurred around 3:30 p.m. Tuesday at the intersection of North Ninth Avenue and Airport Boulevard.
According to police reports, Hemphill’s 2008 Ford Fusion intentionally rammed a 2002 Mitsubishi SUV in which the victims were riding as they traveled south on Ninth Avenue toward Airport Boulevard. When the victims’ vehicle turned east onto Airport Boulevard, Hemphill’s vehicle rammed them again, which caused the Mitsubishi to flip and roll multiple times before coming to rest in the Krystal’s parking lot.
Hemphill then fled northbound on Ninth Avenue in his vehicle; police found him near Spink Lane and Ninth Avenue. The suspect then fled on foot toward Schwab Drive. He was found hiding underneath a house at Schwab Drive and Langley Avenue.
The suspect and a 48-year-old female in the Mitsubishi are parents of two children – ages seven and ten – who were injured. The 38-year-old female driver of the Mitsubishi and the 48-year-old female also were injured.
Hemphill was not injured in the incident.